Martin, Kristoffer v. EatStreet Inc
| Kristoffer Martin, Karen Felde, Scott Quattrucci and Calvin Jones |
| EatStreet Inc |
| 3:2020cv00279 |
| March 26, 2020 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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Filing 163
** TEXT ONLY ORDER ** The parties have filed a joint letter advising the court that due to holiday staffing issues, their settlement administrator will not be able to disseminate notice to the class until December 27, 2022, which is seven days after the deadline set by the court. See Dkt. 161. The court will construe the parties' letter as a motion for an extension of time, and so construed, GRANTS the motion. The parties may have until December 27, 2022, to disseminate notice to the class. All other deadlines and the date of the settlement approval hearing remain the same. Signed by District Judge James D. Peterson on 12/20/22. (jat)
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Filing 162
Notice by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re 161 Order on Motion for Miscellaneous Relief,,,, Joint Letter Regarding Availability of Settlement Administrator. (Murshid, Summer)
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Filing 161
** TEXT ONLY ORDER **Defendant moves for relief from the December 1 order preliminarily approving the class settlement agreement. Dkt. #158 . Defendant says that its "financial circumstances have deteriorated rapidly" in the three months since the parties signed the agreement, and it "does not expect it will have capital to fund the payments required" by the agreement. It provides no evidence for its assertions, but it asks the court to stay notice to the class for at least 60 days. The motion is DENIED. Defendant has already signed the agreement and represented in joint filings that the agreement is a fair resolution of the class's claims. It cites no authority for the view that it is entitled to renege on the agreement now. So the case will proceed. The deadline for disseminating notice to the class is extended to December 20, but all other deadlines and the date of the settlement approval hearing remain the same. Signed by District Judge James D. Peterson on 12/15/22. (jat)
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Filing 160
Declaration of Summer H. Murshid filed by Plaintiff Kristoffer Martin re: #158 Motion for Miscellaneous Relief, (Murshid, Summer)
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Filing 159
Brief in Opposition by Plaintiff Kristoffer Martin re: #158 Motion for Miscellaneous Relief, filed by EatStreet Inc (Murshid, Summer)
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Filing 158
Defendants' Motion for Relief From the Court's December 1, 2022 Opinion and Order re #157 Order on Motion for Settlement,,,, Order on Motion for Conditional Certification of Class,,,, Order on Motion to Certify Class under Rule 23,,, by Defendant EatStreet Inc. Response due 12/16/2022. (Johnson, Benjamin)
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Filing 157
OPINION andORDER granting parties' renewed motions for preliminary approval of the proposed settlement, Dkt. #150 , conditional certification of a collective under 29 U.S.C. 216(b), Dkt. #151 , and certification of a class under Rule 23, Dkt. #152 .The parties may have until December 15, 2022, to correct the notice and disseminate the notice to the class and collective. The notice should provide class members 45 days to opt out, opt in, or object to the settlement.The parties may have until February 15, 2023, to file a motion for final approval of the settlement, attorney fees, and costs.The court will hold a fairness hearing by videoconference on March 3, 2023, at 10 a.m. Signed by District Judge James D. Peterson on 12/1/22. (jat)
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Set Deadlines/Hearings: Motion for final approval of the settlement, attorney fees, and costs due 2/15/2023. Zoom Fairness Hearing set for 3/3/2023 at 10:00 AM. (jat)
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Filing 156
Status Report for Renewed Preliminary Approval by Plaintiff Kristoffer Martin (Murshid, Summer)
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Filing 155
** TEXT ONLY ORDER ** In light of the parties' renewed joint motions for preliminary approval of settlement, now under advisement by the court, the court STRIKES the trial date and all related deadlines pending resolution of the motions for preliminary approval. Signed by District Judge James D. Peterson on 9/9/22. (jat)
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Filing 154
Declaration of Benjamin T. Johnson filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #152 Motion to Certify Class under Rule 23, #151 Motion for Conditional Certification of Class, #150 Motion for Settlement, (Johnson, Larry)
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Filing 153
Declaration of Larry A. Johnson filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #152 Motion to Certify Class under Rule 23, #151 Motion for Conditional Certification of Class, #150 Motion for Settlement, (Johnson, Larry)
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Filing 152
Stipulated Motion to Certify Class under Rule 23 by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci. Brief in Opposition due 9/12/2022. Brief in Reply due 9/22/2022. (Johnson, Larry)
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Filing 151
Stipulated Motion for Conditional Certification of Class by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci. Brief in Opposition due 9/12/2022. Brief in Reply due 9/22/2022. (Johnson, Larry)
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Filing 150
Renewed Motion for Settlement by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci. (Attachments: #1 Addendum to the Parties' Settlement Agreement and Release, #2 Exhibit A-2 - Settlement Allocation, #3 Amended Proposed Notice) (Johnson, Larry) Modified on 8/23/2022. (lak)
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Filing 149
** TEXT ONLY ORDER **ORDER granting #148 Stipulated Motion for Extension of Time to Respond to Court's Order. Signed by Magistrate Judge Stephen L. Crocker on 8/15/22. (jat)
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Filing 148
Stipulated Motion for Extension of Time to Respond to Court's Order by Plaintiffs Karen Felde, Calvin Jones, Kristoffer Martin, Scott Quattrucci. Motions referred to Magistrate Judge Stephen L. Crocker. (Johnson, Larry)
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Filing 147
OPINION and ORDER: The parties' motion for preliminary approval of the settlement, Dkt. #137 , motion for class certification, Dkt. #140 , and motion for collective certification, Dkt. #139 , are DENIED without prejudice. The parties may have until August 16, 2022, to submit renewed motions. The parties request for a status update on their preliminary approval motion, Dkt. #145 , is GRANTED. Signed by District Judge James D. Peterson on 8/5/22. (jat)
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Filing 146
Notice of Withdrawal of Counsel by Larry A. Johnson re: Plaintiff Kristoffer Martin Attorney Nathan Caputa to be termed. (Johnson, Larry)
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Filing 145
Status Report Request re Motion for Preliminary Settlement Approval by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci (Maynard, Timothy)
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Filing 144
Supplemental Declaration of Summer H. Murshid filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #137 Motion to Approve Settlement Agreement, (Murshid, Summer)
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Filing 143
Brief in Support of #137 Joint Motion for Preliminary Approval of Rule 23 Class and Collective Action Settlement by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci. (Murshid, Summer) Modified on 12/20/2021. (lak)
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Filing 142
Declaration of Benjamin T. Johnson filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #137 Joint Motion for Preliminary Approval of Rule 23 Class and Collective Action Settlement. (Murshid, Summer) Modified on 12/20/2021. (lak)
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Filing 141
Declaration of Summer H. Murshid filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #137 Joint Motion for Preliminary Approval of Rule 23 Class and Collective Action Settlement, (Attachments: #1 Exhibit a. Berger v. Xerox Corp. Ret. Income Guarantee Plan, No. 00-584-DRH, 2004 U.S. Dist. LEXIS 1819, at *7 (S.D. Ill. Jan. 22, 2004), #2 Exhibit b. Espenscheid v. DirectSat USA, LLC, No. 09 cv 625 bbc, 2011 U.S. Dist. LEXIS 56062, *14 (W.D. Wis. May 23, 2011), #3 Exhibit c. Gilliam v. Addicts Rehab. Ctr. Fund, No. 05 Civ. 3452 (RLE), 2008 U.S. Dist. LEXIS 23016, at *15 (S.D.N.Y. Mar. 24, 2008), #4 Exhibit d. Goodell v. Charter Communs., LLC, No. 08-cv-512-bbc, 2010 U.S. Dist. LEXIS 85010 (W.D. Wis. Aug. 17, 2010), #5 Exhibit e. Fosbinder-Bittorf v. SSM Health Care of Wis., No. 11-cv-592-wmc, 2013 U.S. Dist. LEXIS 152087 (W.D. Wis. Oct. 23, 2013), #6 Exhibit f. Berndt v. Cleary Bldg. Corp., No. 11-cv-791-wmc, 2013 U.S. Dist. LEXIS 171316 (W.D. Wis. Dec. 4, 2013, Conley, J.), #7 Exhibit g. Johannsen v. Argon Industries, E.D. Wis. Case No. 2:15-cv-01080-JPS, ECF No. 70 (July 15, 2016), #8 Exhibit h. Johannsen v. Lyall Manufacturing, E.D. Wis. Case No. 2:15-cv-00897-DEJ, ECF Nos. 45 (September 12, 2016), #9 Exhibit i. Hernandez v. La Fuente Ltd., E.D. Wis. Case No. 2:13-cv-00366-RTR, ECF No. 102 (November 15, 2014), #10 Exhibit j. McReynolds v. Merrill Lynch, N.D. Ill. Case No. 1:05-cv-6583, ECF No. 616 (Dec. 6, 2013), #11 Exhibit k. Andler v. Associated Bank Corp., No. 11-cv-79, dkt. # 70 (W.D. Wis. Jan. 23, 2012, Conley, J.), #12 Exhibit l. Bates v. Kerry, Inc., No. 13-cv-142, dkt. # 161 (W.D. Wis. Jan. 9, 2014, Conley, J.), #13 Exhibit m. Wittemann v. Wisconsin Bell, Inc., No. 09-cv-440, dkt. # 186 (W.D. Wis. Mar. 14, 2011, Crabb, J.), #14 Exhibit n. Holmes v. Roadview, Inc., No. 15-cv-004, dkt. # 68 (W.D. Wis. Aug. 1, 2016, Peterson, J.), #15 Exhibit o. Nordgren v. Epic Systems, No. 13-cv-840, dkt. # 88 (W.D. Wis. March 20, 2015, Crabb, J.), #16 Exhibit p. Venechuk v. Grande Cheese Co., No. 3:13-cv-54, dkt # 27 (W.D. Wis. Nov. 20, 2013, Crabb, J.), #17 Exhibit q. Denk v. Pine Ridge Assisted Living, et al., No. 3:11-cv-00210, dkt. # 81 (W.D. Wis. Aug. 7, 2012, Conley, J.), #18 Exhibit r. Black v. Renaissance Learning, Inc., No. 3:15-cv-635, dkt. # 70 (W.D. Wis. February 9, 2017, Peterson, J.), #19 Exhibit s. Wilcox v. Alternative Entm't, Inc., No. 09-cv-659, dkt. # 175 (W.D. Wis. Mar. 8, 2011, Crabb, J.), #20 Exhibit t. Webb v. Midwestern Wheels, 15-cv-1538, ECF No. 40 (June 9, 2016), #21 Exhibit u. Adams, et al. v. Walgreen Co. d/b/a Walgreens, 14-cv-1208-JPS, ECF No. 35 (July 15, 2015), #22 Exhibit v. Beierle et al. v BR Metal Technology, 13-CV- 01280-CNC, ECF No. 40 (E.D. Wis. June 26, 2014), #23 Exhibit w. Trujillo et al., v. Saelens' Corp., Dkt No. 25, 37 13-CV-1096-JPS, (E.D. Wis. May 15, 2014), #24 Exhibit x. McKinney v. Med Group Transportation, LLC, et al., 13-CV-222-JPS, ECF Nos. 89, 90, 91, 92, (E.D. Wis. Feb. 7, 2014).) (Murshid, Summer) Modified on 12/20/2021. (lak)
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Filing 140
Joint Stipulation to Rule 23 Class Certification by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci. Brief in Opposition due 1/7/2022. Brief in Reply due 1/18/2022. (Murshid, Summer) Modified on 12/20/2021. (lak)
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Filing 139
Stipulated Motion to Conditionally Certify a Collective Action Pursuant to 29 U.S.C. Section 216(b) by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci. Brief in Opposition due 1/7/2022. Brief in Reply due 1/18/2022. (Murshid, Summer) Modified on 12/20/2021. (lak)
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Filing 138
Settlement Agreement by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci (Attachments: #1 Exhibit A: Settlement Allocation, #2 Exhibit B: Joint Stipulation to Rule 23 Class Certification, #3 Exhibit C: Notice of Proposed Class Action Settlement, #4 Exhibit D: Proposed Order Granting Preliminary Approval, #5 Exhibit E: Stipulated Entry of Judgment, #6 Exhibit F: Proposed Order Granting Final Approval, #7 Exhibit G: Stipulated Motion to Conditionally Certify a Collective Action Pursuant to 29 U.S.C. 216(b)) (Murshid, Summer)
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Filing 137
Joint Motion for Preliminary Approval of Rule 23 Class and Collective Action Settlement by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci. (Attachments: #1 Text of Proposed Order) (Murshid, Summer) Modified on 12/20/2021. (lak)
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Filing 136
Notice by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci of Filing Request to Opt out of Lawsuit. (Attachments: #1 Exhibit A: Consent to opt out forms for B. Becker, J. Miller, and C. Washington) (Maynard, Timothy)
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Filing 135
Notice of Settlement by Plaintiffs Karen Felde, Calvin Jones, Kristoffer Martin, Scott Quattrucci (Murshid, Summer)
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Filing 134
** TEXT ONLY ORDER **The parties ask for another lengthy stay so that they can continue to mediate. Dkt. #133 . The motion is DENIED, but the court will extend the class certification deadline to give the parties a final chance to reach a settlement. Plaintiffs' motion for conditional certification, Dkt. #85 , is DENIED without prejudice. Plaintiffs may renew that motion, if necessary, by November 5, 2021. Plaintiffs' motion for class certification under Rule 23 is now due December 23, 2021. The remaining deadlines, particularly the summary judgment deadline and the trial date, remain. The parties should not expect further extensions. Signed by District Judge James D. Peterson on 9/27/2021. (kwf)
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Set/Reset Deadlines: Motion for Conditional Certification of Class due 11/5/2021. Motion to Certify Class under Rule 23 due 12/23/2021. (kwf)
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Filing 133
Joint Motion to Stay by Plaintiffs Karen Felde, Calvin Jones, Kristoffer Martin, Scott Quattrucci. (Johnson, Larry)
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Filing 132
** TEXT ONLY ORDER **ORDER accepting and granting #131 Joint Stipulation to Amend Scheduling Order. Signed by Magistrate Judge Stephen L. Crocker on 8/5/2021. (kwf)
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Set/Reset Deadlines: Motion to Certify Class under Rule 23 due 11/5/2021. (kwf)
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Filing 131
Joint Stipulation to Amend Scheduling Order by Plaintiffs Karen Felde, Calvin Jones, Kristoffer Martin, Scott Quattrucci. (Johnson, Larry)
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Filing 130
** TEXT ONLY ORDER **ORDER accepting and granting #129 Joint Stipulation to Extend Time to Serve John Doe Defendants. Signed by Magistrate Judge Stephen L. Crocker on 6/24/2021. (kwf)
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Filing 129
Joint Stipulation to Extend Time to Serve John Doe Defendants by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci. (Johnson, Larry)
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Filing 128
ORDER approving #127 Stipulation for Order Regarding Taking Depositions Via Remote Means. Signed by District Judge James D. Peterson on 6/14/2021. (kwf)
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Filing 127
Stipulation for Order Regarding Taking Depositions Via Remote Means by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci. (Attachments: #1 Text of Proposed Order) (Johnson, Larry)
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Filing 126
** TEXT ONLY ORDER **ORDER accepting #125 Joint Stipulation to Extend Time to Serve John Doe Defendants. Extension granted. Signed by Magistrate Judge Stephen L. Crocker on 4/21/2021. (jls)
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Filing 125
Joint Stipulation to Extend Time to Serve John Doe Defendants by Plaintiffs Karen Felde, Calvin Jones, Kristoffer Martin, Scott Quattrucci. (Johnson, Larry)
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Filing 124
Brief in Reply by Plaintiffs Karen Felde, Calvin Jones, Kristoffer Martin, Scott Quattrucci in Support of #85 Motion for Conditional Certification of Class, (Johnson, Larry)
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Filing 123
Declaration of Larry A. Johnson filed by Plaintiffs Karen Felde, Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class, (Attachments: #1 Exhibit a. Haugen v. Roundy's Ill., Co., 2019 U.S. Dist. LEXIS 232406, *3-4 (N.D. Ill. Dec. 13, 2019);, #2 Exhibit b. Kujat v. Roundy's Supermarkets, Inc., 2019 U.S. Dist. LEXIS 74149, *9 (N.D. Ill. May 2, 2019);, #3 Exhibit c. Vargas v. Sterling Eng'g Inc., 2020 U.S. Dist. LEXIS 46641, (N.D. Ill. Mar. 18, 2020);, #4 Exhibit d. Clugston v. Shamrock Cartage & Spotting Servs., 2014 U.S. Dist. LEXIS 154547, *4 (S.D. Ind. Oct. 30, 2014);, #5 Exhibit e. Espenscheid v. DirectSat USA, LLC, 2010 U.S. Dist. LEXIS 55578 (W.D. Wis. June 7, 2010);, #6 Exhibit f. Piazza v. New Albertsons, LP, No. 20-cv-03187, 2021 U.S. Dist. LEXIS 20573 (N.D. Ill. Feb. 3, 2021);, #7 Exhibit g. McCoy v. Elkhart Prods. Corp., No. 5:20-CV-05176, 2021 U.S. Dist. LEXIS 26069 (W.D. Ark. Feb. 11, 2021);, #8 Exhibit h. Witteman v. Wis. Bell, Inc., 2010 U.S. Dist. LEXIS 8845, 2010 WL 446033, *1 (W.D. Wis. 2010);, #9 Exhibit i. Martinez v. Regency Janitorial Servs., 2012 U.S. Dist. LEXIS 8941, at *3 (E.D. Wis. Jan. 26, 2012);, #10 Exhibit j. Sagendorf v. Quality Huts, LLC, 2019 U.S. Dist. LEXIS 52739, at *5 (N.D. Ind. Mar. 28, 2019);, #11 Exhibit k. Lujan v. Cabana Mgmt., No. 10-CV-755 (ILG), 2011 U.S. Dist. LEXIS 9542 (E.D.N.Y. Feb. 1, 2011);, #12 Exhibit l. Smith v. Cardinal Logistics Mgmt. Corp., 2008 U.S. Dist. LEXIS 117047, at *22 (N.D. Cal. Sep. 5, 2008);, #13 Exhibit m. Hart v. Rick's Cabaret Int'l Inc., 2010 U.S. Dist. LEXIS 137129, at *19 (S.D.N.Y. Dec. 17, 2010);, #14 Exhibit n. Rossman v. EN Eng'g, LLC, No. 19-cv-05768, 2020 U.S. Dist. LEXIS 161373 (N.D. Ill. Sep. 3, 2020);, #15 Exhibit o. Allen v. City of Chi., 2013 U.S. Dist. LEXIS 5394, at *28 n.7 (N.D. Ill. Jan. 14, 2013);, #16 Exhibit p. Hatton v. Cablecom, LLC, 2015 U.S. Dist. LEXIS 88617, at *14 (E.D. Wis. July 8, 2015);, #17 Exhibit q. Will v. Panjwani, 2013 U.S. Dist. LEXIS 141453, at *8 n.1 (S.D. Ind. Oct. 1, 2013);, #18 Exhibit r. Garcia v. Salamanca Grp., Ltd., 2008 U.S. Dist. LEXIS 22852, at *9 (N.D. Ill. Mar. 24, 2008);, #19 Exhibit s. Ahad v. Bd. of Trs. of S. Ill. Univ., 2017 U.S. Dist. LEXIS 160584, at *18 (C.D. Ill. Sep. 28, 2017);, #20 Exhibit t. Guerra v. Big Johnson Concrete Pumping, Inc., 2006 U.S. Dist. LEXIS 58484, at *10 (S.D. Fla. May 17, 2006);, #21 Exhibit u. Hadley v. Journal Broad. Group, Inc., 2012 U.S. Dist. LEXIS 19452, *15 (E.D. Wis. Feb. 16, 2012);, #22 Exhibit v. Lewis v. Epic Sys. Corp., 2016 U.S. Dist. LEXIS 141790, at *12 (W.D. Wis. Oct. 13, 2016);, #23 Exhibit w. Campbell v. Advantage Sales & Mktg., LLC, 2010 U.S. Dist. LEXIS 115065, at *10 (S.D. Ind. Oct. 28, 2010);, #24 Exhibit x. Bazzell v. Body Contour Ctrs., LLC, No. C16-0202JLR, 2016 U.S. Dist. LEXIS 89012, at *20 (W.D. Wash. July 8, 2016);, #25 Exhibit y. Pippins v. KPMG LLP, 2012 U.S. Dist. LEXIS 949 at *41 (S.D.N.Y. Jan 3, 2012);, #26 Exhibit z. Sjoblom v. Charter Communs., LLC, 2008 U.S. Dist. LEXIS 18369 (W.D. Wis Mar. 4, 2008);, #27 Exhibit aa. Francis v. ManpowerGroup US Inc, 2021 U.S. Dist. LEXIS 13747 (E.D. Wis. Jan. 26, 2021);, #28 Exhibit bb. Morgan v. Crush City Constr., LLC, 2020 U.S. Dist. LEXIS 1822, at *18 (W.D. Wis. Jan. 3, 2020);, #29 Exhibit cc. Chhab v. Darden Rests., Inc., 2013 U.S. Dist. LEXIS 135926, at *51 (S.D.N.Y. Sept. 20, 2013); and, #30 Exhibit dd. Adams v. Inter-Con Sec. Sys., 2007 U.S. Dist. LEXIS 83147, at *14 (N.D. Cal. Oct. 30, 2007).) (Johnson, Larry)
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Filing 122
Declaration of Benjamin T. Johnson filed by Defendant EatStreet Inc re: #85 Motion for Conditional Certification of Class, (Attachments: #1 Exhibit A - Strike Through Notice, #2 Exhibit B - Clean Notice) (Johnson, Benjamin)
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Filing 121
Declaration of Emi M. Passini filed by Defendant EatStreet Inc re: #85 Motion for Conditional Certification of Class, (Attachments: #1 Exhibit A - Washington LinkedIn Screenshot, #2 Exhibit B - Quattrucci Facebook Screenshot, #3 Exhibit C - Scoville Facebook Screenshot) (Johnson, Benjamin)
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Filing 120
Declaration of Rob McElroy filed by Defendant EatStreet Inc re: #85 Motion for Conditional Certification of Class, (Johnson, Benjamin)
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Filing 119
Brief in Opposition by Defendant EatStreet Inc re: #85 Motion for Conditional Certification of Class, filed by Kristoffer Martin, Karen Felde (Johnson, Benjamin)
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Filing 118
** TEXT ONLY ORDER **ORDER granting #117 Joint Motion for Extension of Time for Defendant to File Response to Plaintiffs' Motion for Conditional Certification and Plaintiffs' Reply to Plaintiffs' Motion for Conditional Certification and Tolling of the Putative 29 U.S.C. 216(b) Collective Class Members' Statutes of Limitations. Brief in Opposition due 2/12/2021. Brief in Reply due 2/22/2021. Signed by Magistrate Judge Stephen L. Crocker on 2/4/2021. (kwf)
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Filing 117
Joint Motion for Extension of Time for Defendant to File Response to Plaintiffs' Motion for Conditional Certification and Plaintiffs' Reply to Plaintiffs' Motion for Conditional Certification and Tolling of the Putative 29 U.S.C. 216(b) Collective Class Members' Statutes of Limitations by Defendant EatStreet Inc. Motions referred to Magistrate Judge Stephen L. Crocker. (Johnson, Benjamin)
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Filing 116
** TEXT ONLY ORDER **The parties have filed a joint stipulation to compel arbitration for certain opt-in plaintiffs. Dkt #83 . If a collective or class is certified in this case, the individuals identified in the joint stipulation as having signed arbitration agreements will not be included as members. Signed by District Judge James D. Peterson on 2/2/2021. (kwf)
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Filing 115
** TEXT ONLY ORDER **At the parties' joint request (dkt. #114 ), the discovery stay is lifted. Signed by Magistrate Judge Stephen L. Crocker on 1/29/2021. (kwf)
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Filing 114
Joint Stipulation to lift stay on discovery by Plaintiffs Karen Felde, Calvin Jones, Kristoffer Martin, Scott Quattrucci. (Johnson, Larry)
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Filing 113
ANSWER to Amended Complaint by Defendant EatStreet Inc. (Johnson, Benjamin)
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Filing 112
Brief in Support of #85 Motion for Conditional Certification of Class, by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci. (Johnson, Larry) Modified on 1/19/2021. (lak)
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Filing 111
Declaration of Larry A. Johnson filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class, (Attachments: #1 Exhibit A - Gortat v. Capala Bros., 2010 U.S. Dist. LEXIS 35451 at *30 (E.D.N.Y. April 9, 2010), #2 Exhibit B - Zeledon v. Dimi Gyro Llc, 2016 U.S. Dist. LEXIS 150526 at *14 (S.D.N.Y Oct. 13, 2016), #3 Exhibit C - DeLeon v. Grade A Constr., Inc., 2017 U.S. Dist. LEXIS 71849 at *4-5 (W.D. Wis. May 11, 2017), #4 Exhibit D - Fosbinder-Bittorf v. SSM Health Care of Wis., Inc., 2013 U.S. Dist. LEXIS 91617 at * 10 (W.D. Wis. Mar. 21, 2013), #5 Exhibit E - Berndt v. Cleary Bldg. Corp., 2013 U.S. Dist. LEXIS 91619 at *22 (W.D. Wis. 2013), #6 Exhibit F - Brabazon v. Aurora Health Care, Inc., 2011 U.S. Dist. LEXIS 37057 at *8 (E.D. Wis. Mar. 28, 2011), #7 Exhibit G - Jimenez v. GLK Foods LLC, 2013 U.S. Dist. LEXIS 106386 at *10 (E.D. Wis. July 30, 2013), #8 Exhibit H - Schroeder v. Humana Inc., 2012 U.S. Dist. LEXIS 168759 at *14 (E.D. Wis. Nov. 27, 2012), #9 Exhibit I - DeKeyser v. Thyssenkrupp Waupaca, Inc., 2008 U.S. Dist. LEXIS 102318 at *11 (E.D. Wis. Dec. 18, 2008), #10 Exhibit J - Pastrana v. Meiji Rest., LLC, 2020 U.S. Dist. LEXIS 208014 at *5-6 (Nov. 6, 2020), #11 Exhibit K - Smith v. Pizza Hut, Inc., 2012 U.S. Dist. LEXIS 56987 (D. Colo. Apr. 21, 2012), #12 Exhibit L - Hobon v. Pizza Hut of S. Wis., Inc., Case No. 17-cv-47, Dkt No. 62, (W.D.Wis. Jan. 10, 2019), #13 Exhibit M - Meetz v. Wis. Hospitality Grp. LLC, 2017 U.S. Dist. LEXIS 138380 at * 12 (E.D. Wis. Aug. 29, 2017), #14 Exhibit N - Wass v. NPC Int'l, Inc., 2011 U.S. Dist. LEXIS 32761 (D. Kan. Mar. 28, 2011), #15 Exhibit O - Luiken v. Domino's Pizza, LLC, 2010 U.S. Dist. LEXIS 61020 (D. Minn. June 21, 2010), #16 Exhibit P - Perrin v. Papa John's Int'l USA, Inc., 2011 U.S. Dist. LEXIS 104059 (E.D. Mo. Sep. 14, 2011);, #17 Exhibit Q - Bass v. PJCOMN Acquisition Corp., 2010 U.S. Dist. LEXIS 144305 (D. Colo. Sep. 15, 2010), #18 Exhibit R - Darrow v. WKRP Mgmt., LLC, 2012 U.S. Dist. LEXIS 24997 (D. Colo. Feb. 28, 2012), #19 Exhibit S - Curtis v. Scholarship Storage, Inc., 2015 U.S. Dist. LEXIS 33242 at *13-14 (D. Me., March 18, 2015), #20 Exhibit T - Benton v. Deli Mgmt., 2017 U.S. Dist. LEXIS 211358 at *17, 21 (N.D. Ga. Dec. 18, 2017), #21 Exhibit U - Hammond v. Floor & Decor Outlets of Am., Inc., 2020 U.S. Dist. LEXIS 205245 at *18-19 (M.D. Tenn. Nov. 3, 2020), #22 Exhibit V - Burton v. DRAS Partners, LLC, 2019 U.S. Dist. LEXIS 185697, at *6 (N.D. Ill. Oct. 27, 2019, #23 Exhibit W - Rechtoris v. Dough Mgmt., 2019 U.S. Dist. LEXIS 59617, at *9 (N.D. Ind. Apr. 5, 2019), #24 Exhibit X - McFarlin v. Word Enters., LLC, 2018 U.S. Dist. LEXIS 46212, at *6 (E.D. Mich. Mar. 21, 2018), #25 Exhibit Y - Waller v. AFNI, Inc., 2020 U.S. Dist. LEXIS 212570, *17 (C.D. Ill., Nov. 13, 2020), #26 Exhibit Z - Millin v. Brooklyn Born Chocolate, LLC, No., 2020 U.S. Dist. LEXIS 79950, 2020 WL 2198125, at *3 (E.D.N.Y. May 6, 2020).) (Johnson, Larry) Modified on 1/19/2021. (lak)
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Filing 110
Declaration of Gwen Lachman filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class. (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 109
Declaration of Terilyn Fuhrer filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class, (Attachments: #1 Exhibit A - Paystubs) (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 108
Declaration of Steven Charles filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class, (Attachments: #1 Exhibit A - EatStreet Deliveries and Pay Report, #2 Exhibit B - EatStreet Delivery Driver Offer Letter, #3 Exhibit C - EatStreet's Employee Handbook) (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 107
Declaration of Sarah Prescott filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class, (Attachments: #1 Exhibit A - Paystubs) (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 106
Declaration of Scott Quattrucci filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class. (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 105
Declaration of Precious Brown filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class. (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 104
Declaration of Phyllis Osborne filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class, (Attachments: #1 Exhibit A - Paystubs) (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 103
Declaration of Mitchell Anderson filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class, (Attachments: #1 Exhibit A - EatStreet's Delivery Driver Benefits Packet, #2 Exhibit B - EatStreet's Delivery Driver Sample Paystub, #3 Exhibit C - EatStreet's Delivery Driver Pay FAQ, #4 Exhibit D - EatStreet's Driver Pay Overview, #5 Exhibit E - Jiffy Lube and EatStreet Discount Program Information, #6 Exhibit F - Screenshots of Pay and Earnings Calculations) (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 102
Declaration of Marya Rajagopal filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class. (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 101
Declaration of Mark Richter filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class. (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 100
Declaration of Kristoffer Martin filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class, (Attachments: #1 Exhibit A - EatStreet's May 17, 2019 DWD Position Statement, #2 Exhibit B - Paystubs, #3 Exhibit C - EatStreet Pay Analysis, #4 Exhibit D - EatStreet's July 31, 2019 DWD Position Statement, #5 Exhibit E - EatStreet's Delivery Driver Training Module, #6 Exhibit F - EatStreet's September 10, 2019 DWD Position Statement) (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 99
Declaration of Kristina Hernandez filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class, (Attachments: #1 Exhibit A - Paystubs) (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 98
Declaration of Kelly Hart filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class, (Attachments: #1 Exhibit A - EatStreet's Delivery Driver Benefits Packet, #2 Exhibit B - EatStreet's Delivery Driver Sample Paystub, #3 Exhibit C - EatStreet's Delivery Driver Pay FAQ, #4 Exhibit D - EatStreet's Driver Pay Overview, #5 Exhibit E - EatStreet's Employee Handbook, #6 Exhibit F - Jiffy Lube and EatStreet Discount Program Information) (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 97
Declaration of Kayla Meriah Scoville filed by Plaintiffs Calvin Jones, Kristoffer Martin, Scott Quattrucci re: #85 Motion for Conditional Certification of Class. (Johnson, Larry)
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Filing 96
Declaration of Karen Felde filed by Plaintiff Kristoffer Martin re: #85 Motion for Conditional Certification of Class, (Attachments: #1 Exhibit A - EatStreet Delivery Driver Offer Letter, #2 Exhibit B - EatStreet's Employee Handbook, #3 Exhibit C - Paystub, #4 Exhibit D - Paystub, #5 Exhibit E - Paystub) (Johnson, Larry) Modified on 1/15/2021. (lak)
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Filing 95
Declaration of Jonathon Mecklenburg, (Attachments: #1 Exhibit A - Paystubs, #2 Exhibit B - EatStreet Delivery Driver Offer Letter, #3 Exhibit C - Personally Maintained Mileage Record) (Johnson, Larry) Modified on 1/19/2021. (lak)
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Filing 94
Declaration of Jonathon Nathaniel Heard. (Johnson, Larry) Modified on 1/19/2021. (lak)
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Filing 93
Declaration of Jamie Rolain. (Johnson, Larry) Modified on 1/19/2021. (lak)
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Filing 92
Declaration of Jaime Griffin. (Johnson, Larry) Modified on 1/19/2021. (lak)
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Filing 91
Declaration of Ivan Beck, (Attachments: #1 Exhibit A - Paystubs) (Johnson, Larry) Modified on 1/19/2021. (lak)
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Filing 90
Declaration of Gary Burton. (Johnson, Larry) Modified on 1/19/2021. (lak)
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Filing 89
Declaration of Daniel Fisher, (Attachments: #1 Exhibit A - Paystubs) (Johnson, Larry) Modified on 1/19/2021. (lak)
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Filing 88
Declaration of Clinisha Washington. (Johnson, Larry) Modified on 1/19/2021. (lak)
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Filing 87
Declaration of Calvin Jones, (Attachments: #1 Exhibit Ex. A - Paystubs) (Johnson, Larry) Modified on 1/19/2021. (lak)
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Filing 86
Declaration of Brianna Jo Cline. (Johnson, Larry) Modified on 1/19/2021: Entries #86 - #95 all linked to the pending motion #85 . (lak)
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Filing 85
Motion for Conditional Certification of Class Pursuant to 29 U.S.C. 216(b) and Court Facilitated Notice by Plaintiffs Kristoffer Martin. Brief in Opposition due 2/5/2021. Brief in Reply due 2/16/2021. (Attachments: #1 Exhibit A: Proposed Notice of Right to Join Lawsuit for Unpaid Wages) (Johnson, Larry) Modified on 1/19/2021. (lak)
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Filing 84
AMENDED COMPLAINT Third Amended Collective and Class Action Complaint against All Defendants, filed by All Plaintiffs. (Johnson, Larry)
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Filing 83
Joint Stipulation to Compel Arbitration by Plaintiffs Karen Felde, Kristoffer Martin. (Johnson, Larry)
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Filing 82
Notice of Appearance filed by Nathan Thomas Caputa for Plaintiffs Karen Felde, Kristoffer Martin. (Caputa, Nathan)
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Filing 81
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin (Attachments: #1 Exhibit A: Consent form for opt in Plaintiff Kathryn Ethridge) (Johnson, Larry)
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Filing 80
** TEXT ONLY ORDER **The court held a hearing on December 29, 2020 to address plaintiffs' motion to withdraw as attorney for certain non-responsive plaintiffs, Dkt. #59 , and on several other issues in this case. Plaintiffs' motion to withdraw, Dkt. #59 , is GRANTED. The court will contact the non-responsive plaintiffs, who are now unrepresented, via U.S. mail and email with an order to show cause why they should not be dismissed from the case for failure to prosecute. Plaintiffs' counsel will be responsible for the direct costs of mailing the order to the unrepresented plaintiffs.Plaintiffs may have until January 15, 2021 to file a third amended complaint. Defendant may have until January 27, 2021 to file a new motion to dismiss; plaintiffs' response is due by February 8, 2021; defendant may reply by February 16, 2021. Defendant's motion to dismiss the first amended complaint, Dkt. #61 , and plaintiffs' motion for leave to file a second amended complaint, Dkt. #68 , are DENIED as moot. Signed by District Judge James D. Peterson on 12/29/2020. (kwf)
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Filing 79
Minute Entry for proceedings held before District Judge James D. Peterson: Motion Hearing/Status Conference held on 12/29/2020 by Zoom video conference re: #59 Motion to Withdraw as Attorney for Certain Non-Responsive Plaintiffs filed by Kristoffer Martin, Karen Felde. [:47] (Court Reporter JD.) (kwf)
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Filing 78
Notice of Appearance filed by Paul E. Benson for Defendant EatStreet Inc. (Benson, Paul)
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Filing 77
** TEXT ONLY ORDER ** The court will hold a Motion Hearing on 12/29/2020 by Zoom video conference. The court will send invitations by email to counsel. All participants are reminded that video or audio recordings of the proceedings are strictly prohibited. Full guidelines governing access to court hearings can be found #here. A guide to participating in Zoom video hearings can be found #here. Public access to the video stream is available on #YouTube. Signed by District Judge James D. Peterson on 12/18/2020. (kwf)
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Set Deadlines and Hearings re: #59 Motion to Withdraw as Attorney for Certain Non-Responsive Plaintiffs. Motion Hearing set for 12/29/2020 at 2:00 PM before District Judge James D. Peterson. (kwf)
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Filing 76
Brief in Reply by Plaintiffs Karen Felde, Kristoffer Martin in Support of #68 Motion for Leave to File (Johnson, Larry)
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Filing 75
Brief in Reply by Defendant EatStreet Inc in Support of #61 Motion to Dismiss Amended Complaint (Johnson, Benjamin)
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Filing 74
Declaration of Benjamin T. Johnson filed by Defendant EatStreet Inc in Support of Brief in Opposition re: #68 Motion for Leave to File (Attachments: #1 Exhibit A - 04.17.2020 Email re Arbitration Agreements, #2 Exhibit B - 06.23.2020 Ltr to T. Maynard fr. M. Dama enc Arbitration Agreements, #3 Exhibit C - JAMS Mediation Agreement - Remote, #4 Exhibit D - 10.26.2020 T. Maynard Email re Responsive Pleading) (Johnson, Benjamin)
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Filing 73
Brief in Opposition by Defendant EatStreet Inc re: #68 Motion for Leave to File filed by Kristoffer Martin, Karen Felde (Johnson, Benjamin)
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Filing 72
Disregard. Modified on 12/8/2020. (lak)
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Filing 71
Brief in Opposition by Plaintiffs Karen Felde, Kristoffer Martin re: #61 Motion to Dismiss filed by EatStreet Inc (Johnson, Larry)
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Filing 70
Declaration of Larry A. Johnson filed by Plaintiffs Karen Felde, Kristoffer Martin re: #68 Motion for Leave to File (Attachments: #1 Exhibit a. Babych v. Psychiatric Solutions, Inc., 2011 U.S. Dist. LEXIS 130167 (N.D. Ill. Nov. 9, 2011);, #2 Exhibit b. Klein v. Town of Schererville, 2020 U.S. Dist. LEXIS 29910, *4 (N.D. Ind. Feb. 21, 2020).) (Johnson, Larry)
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Filing 69
Brief in Support of #68 Motion for Leave to File Second Amended Collective and Class Action Complaint by Plaintiffs Karen Felde, Kristoffer Martin (Johnson, Larry)
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Filing 68
Motion for Leave to File Second Amended Collective and Class Action Complaint by Plaintiffs Karen Felde, Kristoffer Martin. (Attachments: #1 Exhibit A: Second Amended Collective and Class Action Complaint) (Johnson, Larry)
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Filing 67
Notice by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Request to Opt out of Lawsuit. (Attachments: #1 Exhibit A: Consent form for Opt in Plaintiff Nkurunziza Mukiza) (Maynard, Timothy)
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Filing 66
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Motion for Conditional Certification of Class due 4/2/2021. Motion to Certify Class under Rule 23 due 9/3/2021. Dispositive Motions due 4/22/2022. Settlement Letters due 9/2/2022. Motions in Limine due 9/16/2022. Responses due 9/30/2022. Final Pretrial Conference set for 10/12/2022 at 4:00 PM. Jury Selection and Trial set for 10/24/2022 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 11/20/2020. (kwf)
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Filing 65
Standing Order Relating to the Discovery of Electronically Stored Information in a Complex Civil Lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 11/20/2020. (kwf)
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Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 11/19/2020 [:15] (cak)
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Filing 64
Joint Report of Rule 26(f) Planning Meeting (Johnson, Larry)
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Filing 63
Declaration of Mattie Isaac filed by Defendant EatStreet Inc re: #61 Motion to Dismiss (Attachments: #1 Exhibit Karen Felde Signed Conflict Resolution Process, #2 Exhibit Opt-In Plaintiffs Signed Conflict Resolution Process) (Johnson, Benjamin)
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Filing 62
Brief in Support of #61 Motion to Dismiss Amended Complaint by Defendant EatStreet Inc (Johnson, Benjamin)
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Filing 61
MOTION TO DISMISS Amended Complaint by Defendant EatStreet Inc. Brief in Opposition due 11/25/2020. Brief in Reply due 12/7/2020. (Johnson, Benjamin)
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Filing 60
Declaration of Summer H. Murshid filed by Plaintiffs Karen Felde, Kristoffer Martin re: #59 Motion to Withdraw as Attorney (Murshid, Summer)
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Filing 59
Motion to Withdraw as Attorney for Certain Non-Responsive Plaintiffs by Plaintiffs Karen Felde, Kristoffer Martin. Response due 11/5/2020. (Murshid, Summer) Modified on 10/29/2020. (lak)
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Filing 58
** TEXT ONLY ORDER **ORDER granting #57 Unopposed Motion for Extension of Time to Answer. EatStreet Inc answer due 11/4/2020. Signed by Magistrate Judge Stephen L. Crocker on 10/27/2020. (kwf)
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Filing 57
Unopposed Motion for Extension of Time to File Answer re #15 Amended Complaint by Defendant EatStreet Inc. Motions referred to Magistrate Judge Stephen L. Crocker. (Johnson, Benjamin)
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Filing 56
Notice of Appearance filed by Mitchell Wayne Quick for Defendant EatStreet Inc. (Quick, Mitchell)
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Filing 55
Notice by Defendant EatStreet Inc of Change of Address. (Dama, Michelle) Modified on 10/23/2020. (lak)
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Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 11/19/2020 at 2:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (kwf)
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Filing 54
Notice of Appearance filed by Emi Passini for Defendant EatStreet Inc. (Passini, Emi)
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Filing 53
Joint Motion for Hearing (Status Conference) by Plaintiffs Karen Felde, Kristoffer Martin. Response due 10/29/2020. (Maynard, Timothy) Modified on 10/23/2020. (lak)
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Filing 52
Notice of Appearance filed by Benjamin Thomas Johnson for Defendant EatStreet Inc. (Johnson, Benjamin) Modified on 10/22/2020. (lak)
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Filing 51
** TEXT ONLY ORDER **Good cause having been shown, the parties' joint motion to continue to toll the statute of limitations until October 21, 2020 and to extend the stay of proceedings until October 22, 2020 is GRANTED. Signed by Magistrate Judge Stephen L. Crocker on 9/18/2020. (kwf)
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Filing 50
Joint Motion to Stay Joint Motion for Extension of Stay of Proceedings and Tolling of Statutes of Limitations by Plaintiffs Karen Felde, Kristoffer Martin. Response due 9/25/2020. (Attachments: #1 Text of Proposed Order) (Murshid, Summer)
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Filing 49
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin (Attachments: #1 Exhibit A: Consent forms for Opt in Plaintiffs Jennifer Horejs, and Gunnar Voelker) (Maynard, Timothy)
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Filing 48
Notice by Plaintiffs Karen Felde, Kristoffer Martin Notice of Request to Opt Out of Lawsuit for Unpaid Wages. (Attachments: #1 Exhibit A: Plaintiff Consent to Opt-out of Unpaid Wage Lawsuit for Corneille Mabiala) (Maynard, Timothy)
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Filing 47
Notice by Plaintiffs Karen Felde, Kristoffer Martin Notice of Request to Opt Out of Lawsuit for Unpaid Wages. (Attachments: #1 Exhibit A: Plaintiff Consent to Opt-out of Unpaid Wage Lawsuit forms for Delowar Hossain, and Richenader Vil) (Maynard, Timothy)
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Filing 46
Notice by Plaintiffs Karen Felde, Kristoffer Martin Notice of Request to Opt Out of Lawsuit for Unpaid Wages. (Attachments: #1 Exhibit A: Plaintiff Consent to Opt-out of Unpaid Wage Lawsuit for Tammie Richards) (Maynard, Timothy)
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Filing 45
** TEXT ONLY ORDER **The parties' proposed protective order #44 is accepted and entered as the court's order with these edits: In paragraphs (A)(1) and (A)(2), the phrase "the person believes" is deleted. This makes the definitions of confidential and AEO material objective, as required by circuit law. Signed by Magistrate Judge Stephen L. Crocker on 7/21/2020. (kwf)
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Filing 44
Joint Motion for Protective Order by Plaintiffs Karen Felde, Kristoffer Martin. (Attachments: #1 Text of Proposed Order Proposed Protective Order) (Maynard, Timothy)
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Filing 43
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiff Joanne Yard) (Johnson, Larry)
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Filing 42
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs M. Alkashto, J. Auciel, B. Harris, G. Isaac, D. Ukulo, and E. Vasquez Sanchez) (Johnson, Larry)
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Filing 41
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiff Sekou Konneh) (Johnson, Larry)
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Filing 40
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs J. Martin, S. Quattrucci, and L. Yusuf) (Johnson, Larry)
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Filing 39
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiff Rosetta Penager) (Maynard, Timothy)
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Filing 38
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiff Isaac Duran) (Johnson, Larry)
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Filing 37
Corporate Disclosure Statement by Defendant EatStreet Inc. (Dama, Michelle)
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Filing 36
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs Y. Getnet, N. Mukiza, H. Nwachukwu, F. Paulino, and M. Soumahoro) (Johnson, Larry)
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Filing 35
** TEXT ONLY ORDER ** On May 22, 2020, the parties filed a joint motion to stay all proceedings for 120 days to give them time to mediate. See dkt. #34 . Then in their draft order, they suggest that the will notify the court on October 12, 2020 of any proposed settlement or the need to set a schedule because mediation failed. See dkt. #34 -1. That's 143 days. The parties' motion is granted in this fashion: Not later than September 26, 2020--five work days after their requested 120 days elapses on Saturday, September 19, 2020--the parties must file either their notice of settlement or their Rule 26(f) report. If they file the latter, then the court will set a telephonic preliminary pretrial conference for the following week. Finally, the parties' stipulations in Paragraphs 2 - 5 of their draft order are accepted and entered by the court. Signed by Magistrate Judge Stephen L. Crocker on 5/26/2020. (kwf)
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Filing 34
Joint Motion to Stay Proceedings to Conduct Mediation by Plaintiffs Karen Felde, Kristoffer Martin. (Attachments: #1 Text of Proposed Order) (Maynard, Timothy)
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Filing 33
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs D. Allen and M. Kante) (Johnson, Larry)
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Filing 32
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiff Z. Lengani) (Johnson, Larry)
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Filing 31
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent Form for Opt-in Plaintiffs I. Dorcenat and J. Nsimba) (Johnson, Larry)
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Filing 30
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs T. Jackson and C. Washington) (Johnson, Larry)
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Filing 29
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs A. Abdelrasoul, A. Abdi, A. Donzo, and S. Lo) (Johnson, Larry)
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Filing 28
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiff Isaias Torres) (Johnson, Larry)
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Filing 27
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent Form for Opt-in Plaintiff Monroy Ramos) (Johnson, Larry)
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Filing 26
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiff Keith Covey) (Johnson, Larry)
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Filing 25
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs M. Barry, J. Heard, C. Mabiala, D. Marckenzi, and W. Montgomery) (Johnson, Larry)
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Filing 24
Notice by Plaintiffs Karen Felde, Kristoffer Martin Notice of Request to Opt Out of Lawsuit for Unpaid Wages. (Attachments: #1 Exhibit A: Plaintiff Consent to Opt-out of Unpaid Wage Lawsuit for Levan Manjgaladze) (Johnson, Larry)
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Filing 23
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs D. Hossain, E. Martinez, J. Monson, J. Pena, and R. Vil) (Johnson, Larry)
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Filing 22
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs J. Diaz, S. Tipu, and J. Umana) (Johnson, Larry)
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Filing 21
Notice of Appearance filed by Michelle L. Dama for Defendant EatStreet Inc. (Dama, Michelle)
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Filing 20
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs B. Cline, K. Hernandez, J. Hines, E. Louka, D. Matylewich, G. McFaul, T. Richards, and G. Seidel, #2 Certificate of Service) (Johnson, Larry)
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Filing 19
Waiver of Service Returned Executed by Defendant EatStreet Inc. EatStreet Inc waiver sent on 4/13/2020, answer due 6/12/2020. (Maynard, Timothy)
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Filing 18
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs Precious Brown and Brittany Johnson, #2 Certificate of Service) (Johnson, Larry)
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Filing 17
Notice of Consent to Join Lawsuit by Plaintiffs Karen Felde, Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs M. Anderson, T. Lee, L. Manjgaladze, J. McKinney, and L. Scott, #2 Certificate of Service) (Johnson, Larry)
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Filing 16
Notice by Plaintiffs Karen Felde, Kristoffer Martin of Consent to Join Lawsuit. (Attachments: #1 Exhibit A: Consent Forms for Bryan Harris and Jonathon Mecklenburg, #2 Certificate of Service) (Maynard, Timothy)
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Filing 15
FIRST AMENDED COMPLAINT filed by All Plaintiffs. (Johnson, Larry) Modified on 4/10/2020. (lak)
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Filing 14
Disregard. To be refiled. Modified on 4/10/2020. (lak)
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Filing 13
Notice of Consent to Join Lawsuit by Plaintiff Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs D. Richter and M. Richter, #2 Certificate of Service) (Maynard, Timothy)
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Filing 12
Notice of Consent to Join Lawsuit by Plaintiff Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs D. Fisher, J. Hames, C. Jones, and J. Medina-Maldonado, #2 Certificate of Service) (Maynard, Timothy)
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Filing 11
Notice of Consent to Join Lawsuit by Plaintiff Kristoffer Martin (Attachments: #1 Exhibit A: Consent forms for Opt in Plaintiffs A. Cleary, and N. Grundman, #2 Certificate of Service) (Maynard, Timothy)
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Filing 10
Notice of Consent to Join Lawsuit by Plaintiff Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs D. Manke and P. Osborne, #2 Certificate of Service) (Johnson, Larry)
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Filing 9
Notice of Consent to Join Lawsuit by Plaintiff Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent Form for Opt-in Plaintiffs N. Green, C. Heritz, J. Love, and J. Rolain, #2 Certificate of Service) (Johnson, Larry)
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Filing 8
Notice of Consent to Join Lawsuit by Plaintiff Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiffs Y. Artis, K. Felde, and K. Hart, #2 Certificate of Service) (Johnson, Larry)
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Filing 7
Notice of Appearance filed by Summer Hart Murshid for Plaintiff Kristoffer Martin. (Attachments: #1 Certificate of Service) (Murshid, Summer)
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Filing 6
Notice of Appearance filed by Larry A. Johnson for Plaintiff Kristoffer Martin. (Attachments: #1 Certificate of Service) (Johnson, Larry)
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Filing 5
Certificate of Service by Plaintiff Kristoffer Martin as to #4 Notice of Consent to Join Lawsuit. (Maynard, Timothy)
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Filing 4
Notice of Consent to Join Lawsuit by Plaintiff Kristoffer Martin Notice of Filing Consent to Join Lawsuit (Attachments: #1 Exhibit A: Consent form for Opt-in Plaintiff Jennifer Miller) (Johnson, Larry)
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Filing 3
Summons Issued as to EatStreet Inc. (kwf)
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Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (kwf)
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Standard attachments for District Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (kwf)
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Filing 2
Notice of Consent to Join Lawsuit by Plaintiff Kristoffer Martin (Attachments: #1 Exhibit A: Consent Forms for Opt in Plaintiffs S. Charles, G. McKeeth, and R. Weich, #2 Certificate of Service) (Maynard, Timothy)
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Filing 1
COMPLAINT against EatStreet Inc. ( Filing fee $ 400 receipt number 0758-2651648.), filed by Kristoffer Martin. (Attachments: #1 Exhibit A: Consent Form for Kristoffer Martin, #2 JS-44 Civil Cover Sheet, #3 Summons EatStreet, Inc.) (Maynard, Timothy)
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